Wyche v. Winship
Supreme Court of Georgia
Assumpsit, in Bibb Superior Court. Tried before Judge Powers. At Nov. Term, 1852. The action was founded on a note, given and made by Wyche to Winship, for $75 ; expressed to be for the rent of Winship’s YTare house in Macon'. Plea : — Total and partial failure. 1st. That at and before the signing the note, it was agreed that Winship was to repair the ware house and premises, without which it was not tenantable, and that by reason of failure to repair, defendant sustained a…
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Assumpsit, in Bibb Superior Court. Tried before Judge Powers. At Nov. Term, 1852. The action was founded on a note, given and made by Wyche to Winship, for $75 ; expressed to be for the rent of Winship’s YTare house in Macon'. Plea : — Total and partial failure. 1st. That at and before the signing the note, it was agreed that Winship was to repair the ware house and premises, without which it was not tenantable, and that by reason of failure to repair, defendant sustained a total failure. ■ 2d. Partial failure, for same reasons' — adding that cotton was stolen, &c. Plaintiff moved to strike…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
Lord Hardwicke is reported to have said, that parol evidence might be given, of collateral matters, about which the written contract was silent — as that the landlord agreed to make repair, or the tenant to pay the rent clear of taxes. Norris' Peake, 191. And this extra-judicial opinion seems to have been approved by Mr. Justice Blackstone, in Preston vs. Merceau, executor. 2 W. Blackstone's Rep. 1249.
[1.] But it has been expressly and repeatedly decided that parol evidence is inadmissible to prove even these collatteral matters concerning which…
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